Gilding the Lily
Veteran
- Oct 30, 2006
- 1,466
- 2
I would agree with you if it only went as far as enforcing the law to the letter of the law. Again, the enforcement needs to be conduced equally to all people.
My biggest problem is with the example you cite. While I would be very uncomfortable with a child attending class with a potential pedophile, I am not sure I like the idea of community outrage being the determining factor in someone’s termination. If the teacher was in violation of the law or had a criminal background, then by all means, find a hole and drop him in. If his termination is allowed to stand (assuming that is all he was terminated for) then what is to stop a community from terminating a gay teacher, or a teacher who practices Wica or any number of other groups who do ‘not fit in with society norms’?
I guess it all boils down to degrees. Persecution is fine as long as it is someone else. I try and error on the side of caution. I liked the line in Star Trek from Spock: "The needs of the many out weigh the needs of the few."
As I said earlier, freedom is not easy, and it is not cheap. The cost for freedom is that we must tolerate some of the things we hate most. Unfortunately, there will be innocent casualties along the way. That is also one of the costs of freedom.
Garfield,
I agree with you. I was not posting that example as something I necessarily agree with; I was just posting it as an example of what the gov't and courts have done to NAMBLA members. (I personally, however, would not allow my child to be educated by a member of NAMBLA).
Here is the citation if you would like to read the case: Melzer v. Board of Educ., 336 F.3d 185. Unfortunately, due to the length of the case, I was forced to generalize the case. But to give you an idea of how the court decided, I will give you the final quote of the case...
"In sum, appellant's freedom to associate with and advocate for NAMBLA is protected by the First Amendment. The Board nonetheless meets its burden under Pickering by demonstrating that plaintiff's association and his degree of active involvement in NAMBLA caused disruption to the school's mission and operations justifying the Board's action terminating him."
It appears as though the court allowed the termination because of the disruption, not because of NAMBLA. In other words (or maybe in the words of the court), the school would have been justified in firing the teacher if the disruption was due to anything. Even if the disruption was due to the teacher being an outspoken member of a Baptist Church, the termination would be due to the disruption, not the baptist church membership. Although I find that outcome doubtful, I assume that is the reason why the court has not been overturned. In fact, it has been followed seven times in the federal court, thus making it precedent.
Many organization's are catching on to what you call "tolerating some of the things we hate most". Do you remember about 3 years ago when one of those evangelical groups supported a Satanic Organization that wanted to use classrooms for their studies after school? The entire Evangelical community was in an outrage; but what they did not understand was that this group was trying to preserve the Evangelical's right to use the classrooms after school. If the satanic group cannot use it, then by Equal Protection, etc... the evangelicals wouldn't be able to use the classrooms.